Kalindi & Others vs Tata Locomotive & Engineering Co., Ltd on 25 March, 1960
The Tribunal was also wrong in thinking that there was a
denial of natural justice because the workmen were refused
the assistance of a representative of their own Union.
Under the Standing Orders it is clearly provided that at
such enquiries only a re-presentative of a Union which is
registered under the Indian Trade Union Act and recognised
by the Company can assist. Technically, therefore, the
demand of the workmen that they should be represented by
their own Union could not be accepted. It has been ruled by
this Court in Kalindi & Ors. v. Tata Locomotive &
Engineering Co. Ltd.(1) and Brook Bond India (P) Ltd. v.
Subba Raman(2) that there is no right to representation as
such unless the Company by its Standing Orders recognises
such a right.